Asking the Really Tough Questions: Policy
Issues for Distance LearningBy Barbara Gellman-Danley and Marie J. FetznerDr. Barbara Gellman-Danley is Vice President, Educational
Technology Services at Monroe Community College, with twenty years experience
in distance learning. She is the former Vice Chancellor for Educational
Outreach for the Oklahoma State Regents for Higher Education. (bdanley@monroecc.edu)Marie J. Fetzner is Assistant to the Vice President,
Educational Technology Services at Monroe Community College. She is matriculated
in the Ph.D. program at the Margaret Warner Graduate School of Education
and Human Development at the University of Rochester, focusing her research
on distance learning. (mfetzner@monroecc.edu)The authors co-chaired the committee that produced
"Outpacing Obsolescence: the Monroe Community College Technology Plan,
1997-2001." (September, 1997)

Selecting technology is perhaps the easiest part of developing a distance
learning program. Most colleges and universities find an array of available
delivery systems ranging from interactive television to sophisticated Web-based
asynchronous learning networks (ALNs). As these institutions strive to
provide quality alternative instructional delivery and enter the increasingly
competitive race for new students, two areas often receive little attention
- policy development and planning. Soon the courses are on the air or travelling
through cyberspace, and unprepared educators find themselves in legal,
academic, fiscal, logistical and union controversies. "Regardless
of the delivery system the technology often precedes planning and
policy development" (C.E.T.U.S., 1997, p. 7). Clearly, advanced policy
deliberation and development is essential to the success of distance learning
programs and their students.

As recently as a decade ago, many institutions were only marginally involved
in distance learning - for purposes of this article defined as "a
system and a process that connects learners with distributed learning resources"
(Sullivan and Rocco, 1996, p. 1). Indeed, it is only in the past few years
that a plethora of new distance learning programs and consortia are being
introduced. In particular, the community college sector is experiencing
significant growth in the use of (and planning for) distance education
(Brey, 1991). To the general public, the term distance learning was once
an unknown, reserved for academia. Now, it is the subject of advertisements
that flood the mainstream public.

Asking the tough policy questions in advance can mitigate future bureaucratic
problems and roadblocks. Most educators know that even a minor mid-stream
policy skirmish can draw the focus away from their most critical concern
- teaching and learning. Policies can provide a framework for operation,
an agreed upon set of rules that explain all participants' roles and responsibilities.
These policies can be grouped in several operational areas; seven are offered
as an example. They include academic, fiscal, geographic service area,
governance, labor-management, legal and student support services - see
Table 1.

This article will address issues covered by each of the seven areas
and provide selected examples from a draft report (Feisel et al, 1998)
on proposed distance learning policy developed by the University Distance
Learning Panel at the State University of New York (SUNY). Although this
SUNY report currently is in the "draft and comment stage" only,
it is included in this article to reinforce certain key policy issues and
to provide one example of ongoing distance learning policy discussion at
the state level. The fifteen recommended position statements included in
the SUNY draft will help guide the preparation and advancement of all SUNY
distance learning initiatives, including the Web-based SUNY Learning Network.

Academic Issues. Institutions will need to develop policies that
clarify everything from academic calendar to transferability. When a course
is offered at one institution through a traditional classroom model, the
academic calendar, for example, is the purview of that college or university.
In certain cases, state regulations influence the calendar. But when a
college enters into a consortia arrangement with other institutions on
different academic calendars, it can become very confusing for the learners.
In fact, some semesters or quarters end too late for courses to transfer
to another college. Since distance learning models can complicate this
process, flexibility is required.

An important academic issue is the overall integrity of the course, measured
through campus curricular committees, accrediting agencies, learners and
other educational institutions. The draft report of the University Distance
Learning Panel at SUNY (Feisel et al, 1998) recommends that the responsibility
for the quality of distance learning courses rests with the campus granting
the credit. Access may also become complex, in light of the fact that distance
learners may be away from the home institution. Admission requirements,
formerly based on home campuses, assume a certain entry-level assessment
based on local regulations. Distance learners may be subject to differing
standards; although this is not advisable, it is a resolvable issue with
appropriate policies in place. In any case, policies need to be determined
in advance.

The development of curriculum and the approval process varies by state.
Some states approve programs one-time only, without differentiating between
delivery systems. Others require distance learning programs to be approved
separately. More than one institution delivered distance learning courses
away from their home campus without seeking formal permission. Abiding
by state policies is obviously advisable, and if these policies are not
appropriate, advocates need to seek change. To that end, the objective
of the SUNY University Distance Learning Panel is to review current SUNY
policies and to recommend necessary changes in order to accommodate state-wide
distance learning initiatives.

Academic policies include evaluation of the learner and the instructor.
If a course or program is taken at a distance, evaluation is essential
for the successful continuous improvement of the curriculum and the delivery
method. Learner evaluation, too, becomes more varied in light of testing,
proctoring and assurance of student integrity.

Any program, traditional or through distance learning, is likely to be
more successful if developed on a foundation of strong needs assessment
and program review. Policies to assure that these processes are followed
will inherently improve a distance learning program. It must be determined
whether or not conventional program evaluation addresses all delivery formats
at once, or, if distance learning efforts require separate review and assessment.

Another issue, transcripts, may seem simple at first, but this too requires
sound planning to serve learners fairly. The transcript usually does not
designate the course as offered through distance learning. However, will
this be the same rule/policy in light of the growing number of full programs?
Further, universities such as the University of Phoenix are known as providers
of distance learning. How will student transcripts in conventional institutions
handle grades and course outcomes from non-conventional instructional delivery
methods?

Attention to academic issues is essential when developing effective policies
at the local, state and consortium levels. Students need our guaranteed
commitment to offering the highest level of quality education, regardless
of delivery format.

Fiscal Issues. How much will the courses cost? Will there be a technology
fee? If more than one institution participates in a distance learning consortium,
do policies cover revenue sharing? To whom does the student send the tuition?
Perhaps the most central issue is "who owns the FTE (full time equivalent
student)?" The SUNY draft report (Feisel et al, 1998) recommends that
the tuition revenue, student FTE and applicable chargebacks be retained
by the campus granting the credit. This is a sound recommendation since
the campus offering the course shoulders the fiscal burden for course development,
the academic integrity of the curriculum, course delivery, requisite information
systems support (not an inconsequential item), and student services support.

Most fiscal policies fall into the categories of establishing costs and
fair distribution of revenue among participating institutions. Some consortia
include colleges with varying tuition rates, which requires either changing
to a standard rate, or clearly identifying the tuition variances to learners.
Often state regulations will dictate necessary fiscal decisions. The SUNY
draft report (Feisel et al, 1998) suggests that credit-bearing distance
learning tuition be no greater than New York State resident tuition. However,
the report wisely recommends that campuses also have the flexibility to
set reasonable, competitive fees for distance learning courses.

One certain way to guarantee problems in a distance learning program is
to overlook the role of receiving institutions - those who do not offer
the courses but provide the resources for learners to participate. This
includes "receive" sites for interactive television courses and
colleges that provide their computer laboratories to learners not enrolled
at that institution. Contractual arrangements often provide a source of
revenue to these receive sites, but in some cases policies do not provide,
or prohibit, revenue sharing. Eventually, these receive sites become a
source of frustration and potential revenue loss, which can diminish an
otherwise well-run program. Distance learning policies must address the
issue of equitable fiscal arrangements with receive sites and all other
partners. These issues must be clarified in advance of program offerings,
for without them, sound fiscal planning is impossible.

Geographic Service Area (GSA) Issues. In the early days of learning
at a distance, geographic service areas were more relevant than today.
However, many colleges and universities still operate under regulations
that define their physical boundaries for recruiting and serving learners.
Community colleges, in particular, are often expected to stay within a
certain GSA. However, cyberspace respects no borders, and new policies
are needed to modernize higher education's definition of service areas.
The SUNY draft report (Feisel et al, 1998) recommends that campuses providing
distance learning courses not be restricted by geographic service areas.
However, these campuses are strongly encouraged to collaborate and establish
partnerships with other institutions. The SUNY Learning Network (SLN) --
a state-wide, Web-based initiative -- is a prime example of a collaborative
course delivery system that operates without GSA restriction.

Setting tuition clearly is a fiscal issue, however, it also is a key aspect
of the geographic service issue. Is "out-of-state" currently
a relevant categorization for learners? Will "out of country"
rates still apply? If we are to recognize the overarching reach of today's
distance learning, existing policies need close examination and new policies
may be needed to redefine tuition rates and service area restrictions.

Governance Issues.Distance learning programs
usually fall under the governance rules of the home campus. However, consortia
arrangements challenge many of these regulations. Will the college or university's
board of trustees or regents oversee distance learning? Yes, in most cases.
However, when consortia are formed among many institutions, several boards
become involved. In some cases, existing structures are reconfigured or
new governance structures are formed e.g., the Western Governors University
(WGU), to oversee the new models of instructional delivery.

Staffing is also relevant to governance policies. One model allows for
the traditional institutional structure to oversee the distance learning
program. Others add a similar, but new, department or division with responsibility
for oversight. Still others set up a "shadow college" or enclave
that provides opportunities for revenue and for hiring of faculty not necessarily
on the current staff. Well-run programs take the time to develop or reformulate
strong governance infrastructures before the courses are offered. Again,
advance policy deliberation and development is extremely important.

Labor-Management Issues. This is one of the most difficult areas
for policy developers and includes many of the toughest questions that
need to be asked. Some institutions prefer to operate distance learning
programs under existing labor-management agreements, while others are struggling
to create new guidelines. The faculty deserves recognition for their development
and instructional expertise in working with distance learning initiatives.
Students deserve strong programs with high academic integrity and ease
of transferability. Administrators require educational accountability and
fiscal stability. Sometimes - as is the case with conventional instructional
delivery methods -- it is difficult to blend these three groups' rightful
goals. Balancing this triumvirate may require a seasoned political juggler!

A variety of issues in the labor-management arena require serious consideration
and may involve new policy formulation or revision of existing policies.
Key issues include class size, compensation, development incentives, fair
use and intellectual property, assignment of full-time or adjunct faculty,
"master teachers" shared among institutions, office hours, faculty
training and workload. One useful strategy for investigating these critical
issues is to first assess them within the context of congruence and then
variance with existing labor-management agreements and institutional policy.

Experienced educators recommend keeping these labor-management policies
very flexible, allowing the programs to grow and succeed. If we force ourselves
into rigid guidelines of operation, innovation is stifled and our competitors
may speed past us on the Information Highway. On the other hand, lack of
agreement on processes and policies can cause a program to become susceptible
to detractors of distance learning. No matter how lengthy and controversial,
it behooves educators to face these really tough questions head-on.

Legal Issues. Many faculty and staff are naïve about the legal
ramifications of distance learning. A number of training programs that
address the legal aspects of educational technology and learning at a distance
are beginning to emerge. These programs include discussions on copyright,
fair use, liability for inappropriate electronic messages, and many other
complexities. As an example, Cornell University offers a comprehensive
summer workshop (Computer Policy and the Law) that brings together participants
from a variety of areas including representatives from higher education,
information services personnel and members of the legal profession. In
addition, Cornell University maintains a searchable computer policy collection
on the Web (http://www.cornell.edu/CPL/Policies/). The site contains a
categorized listing of Computer Policy and Law Policies from hundreds of
educational institutions. This valuable collection provides a good reference
point for those involved in a review of distance learning policies. At
least one individual on every campus needs to become reasonably versed
in these legal policy issues or know where to seek appropriate counsel.

Student Support Services Issues. The area of student support services
is central to the success of any distance learning program. Often overlooked,
student service policy issues directly impact prospective and current distance
learning students. In particular, institutions need to develop distance
learning policies on student advisement, counseling, the library, marketing,
materials delivery, textbooks, training and proctoring. The SUNY draft
report (Feisel et al, 1998) suggests that campuses work vigorously and
cooperatively with the SUNY System Office to provide all related student
support services for distance learning students. This recommendation allows
campuses some flexibility with all areas - particularly with advisement,
counseling and on-site library usage -- yet recognizes that a virtual library
of digital resources and materials, the marketing of courses, delivery
of materials and texts, and student proctoring at a distance often require
collaborative efforts to succeed.

It is important that distance learning student service policies maintain
the same student-centered focus as on-campus student service policy. Institutions
or consortia members must determine in advance which department, campus,
or institution will handle student questions (that can originate 24-hours
each day) from learners who have difficulties with a number of critical
areas. These include computer-related connection problems, registration
glitches, undelivered textbooks, advisement options, etc. The test proctoring
issue - including policies regarding proctor staffing requirements, test
material delivery and test retrieval - also must be agreed to by all parties
prior to course implementation.

It is critical that current student service policies be reviewed with the
distance learning student in mind. It may be helpful to work through the
steps that students must take to learn about, enroll, participate and successfully
complete a distance learning course. The use of several distance learning
scenarios may be instructive in this effort. Regardless of the delivery
method employed in the instruction of our students, the learners' needs
must be kept in focus. Strong student service policies can greatly increase
the probability that this will continue to be the case.
Advanced policy development is a key component of a well-run distance learning
initiative. The toughest distance learning policy questions often remain
un-asked. At first, these issues may seem minor, yet they often become
the major stumbling block to a successful distance learning model. Asking
the really tough questions on distance learning policy can alleviate some
potential policy pitfalls, and contribute to the quality, rigor and strength
of distance learning instruction provided to our students.

For a comprehensive look at distance education policy issues in the community
college sector, see Dillon and Cintrón (eds.), Building a Working
Policy for Distance Education (1997). Additional information on distance
learning policy may be obtained from The Western Cooperative for Educational
Telecommunications, the membership organization established in 1989 by
the Western Interstate Commission for Higher Education (WICHE). It is suggested
that subsequent investigations into distance learning policy development
include follow-up on the comprehensive SUNY University Distance Learning
Panel draft recommendations. In addition, a review of policies guiding
the Western Governors University (WGU) may also be instructive. The WGU
-- a virtual university consortium that began its initial pilot program
phase in February, 1998 (Edwards, 1998) -- consists of seventeen higher
education institutions and several other education providers. The continued
policy development efforts of both of these initiatives most certainly
will help to advance and inform future distance learning policy development
and practice.